Fourteenth Amendment-Criminal Recklessness

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7^th Circuit Court of Appeals

Case Name: Ralph Lisby v. Jonathan Henderson

Case No.: 22-2867

Officials: Scudder, Kirsch, and Lee, Circuit Judges.

Focus: Fourteenth Amendment-Criminal Recklessness

On May 6, 2020, Lisby, who was eight months pregnant, and Lewis were walking along the shoulder of State Road 37 in Indianapolis, trying to make their way back to their motel. At the same time, Indianapolis Officer Henderson was driving to work in his police vehicle on the same road, exceeding the speed limit by 33 miles per hour, traveling at 78 miles per hour. Making an illegal lane change over a solid white line, his vehicle partially crossed the fog line and collided with Lisby at a speed of 55 miles per hour, killing Lisby. Despite emergency Cesarian section, the child of Lisby and Lewis also passed away shortly after birth at the hospital. It’s important to note that Henderson was acting within the course and scope of his employment as a police officer at the time of the incident, which led to Lisby’s death.

The Seventh Circuit upheld the dismissal of a Fourteenth Amendment substantive due process claim under 42 U.S.C. 1983 against Henderson. The complaint lacked sufficient facts to plausibly suggest that Henderson acted with the criminal recklessness required to establish a due process violation.

Affirmed.

Decided 07/18/23

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